2006-11-21 Cross Easement AgreementY CEIVED
2 1 2006
Building; Inspections
CROSS EASEMENT AGREEMENT
This declaration of Cross Easements Agreement, dated
2006, is made by Blaine Rentals, LLC ("Blaine") a Minnesota limited liability company.
The following statements are a material part of this Cross Easement Agreement.
RECITALS
A. Blaine is the owner of Lots 1 and 2, Block One, Field Plaza Second Addition
(collectively referred to as "Lots") located in the City of Albertville, Wright County, Minnesota
with a legal description as follows: Lot 1 and Lot 2, Block One, Field Plaza Second Addition,
according to the plot and survey on record in the office of the County Recorder, Wright County,
Minnesota.
B. Lots 1 and 2, Block One, Field Plaza Second Addition are adjoining parcels of real
estate which are in the process of being developed and /or sold by Blaine.
C. Blaine wishes to establish certain easement rights over, upon and across Lots 1
and 2, Block One, Field Plaza Second Addition, setting forth the rights and obligations of the
owners of the lots with respect to these cross easements.
THEREFORE, in consideration of good and valuable consideration, the receipt and
sufficiency of that are acknowledged, the following grants, agreements, covenants and
restrictions are made:
Blaine hereby declares that the following Lots shall be subject to perpetual, non-exclusive
cross easements to and from Lots 1 and 2, Block One, Field Plaza Second Addition subject to the
terms and conditions of this agreement. This agreement may be amended by a written
amendment signed by the owners of the Lots and recorded in the office of the County Recorder
for Wright County, Minnesota.
1. EASEMENT FOR PARKING AND INGRESS AND EGRESS
Blaine grants and conveys to each Lot and its owner, their successors and assigns,
a non-exclusive easement for vehicular and pedestrian ingress and egress to and from
Lots 1 and 2, Block One, Field Plaza Second Addition over, upon and across the parking
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areas and spaces, driveways and access ways, sidewalks and walkways, exists and
entrances, and other common areas of Lots 1 and 2, Block One, Field Plaza Second
Addition as these areas may, from time to time be constructed, altered or modified.
However, at no time shall employees of establishments located on Lots 1 and 2,
Block One, Field Plaza Second Addition park their vehicles, while they are working, on a
lot not owned by the establishment that they work for without prior written consent from
the property owner were they wish to park. Such consent can be withheld without cause.
2. EASEMENT FOR SURFACE DRAINAGE
Blaine grants and conveys to each Lot, a non-exclusive easement, appurtenant to
Lots 1 and 2, Block One, Field Plaza Second Addition for the purpose of surface draining
any and all surface water runoff from Lots 1 and 2, Block One, Field Plaza Second
Addition over, upon and across the parking areas and spaces, driveways and access ways,
exits, entrances and holding ponds as they may exist from time to time upon the Lots. The
owner of each Lot agrees that no change of grade elevation or excavation shall be made to
the easement areas without the other Lot owners' consent, which consent shall not be
unreasonably withheld.
The owners of each Lot mutually promise to maintain the surface drainage areas
located on their respective Lots in good condition and repair.
3. EASEMENT FOR UTILITIES
Blaine grants and conveys to each Lot, a non-exclusive easement, appurtenant to
Lots 1 and 2, Block One, Field Plaza Second Addition for the purpose of placing and
maintaining utilities for the benefit of Lots 1 and 2, Block One, Field Plaza Second
Addition as follows:
Blaine grants and conveys to each Lot a Sanitary Sewer easement legally
described in Exhibit A attached, for the purpose of placing and maintaining a sanitary
sewer line.
Blaine grants and conveys to each Lot a Storm Sewer easement legally described
in Exhibit B attached, for the purpose of placing and maintaining a storm sewer line.
The utility placement and maintenance shall not interfere with the enjoyment and
use of the particular Lot over with such utility is placed.
4. MAINTENANCE
The parties mutually covenant and agree to maintain in good condition and repair,
or cause to be maintained and kept in repair, the parking, driveways, signs, sanitary sewer
laterals and other common areas situated on their respective properties. The obligation of
the parties to maintain, repair and keep in repair the parking, driveways, signs, common
sanitary sewer, storm sewer and other common areas shall, without limiting the generality
thereof, include the following:
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A. Maintaining the surfaces at such grades and levels that they may be used
and enjoyed as contiguous and homogeneous common areas and
maintaining the surfaces in a level, smooth and evenly -covered condition
with the type of surfacing material originally installed or of similar quality,
use and durability; and
B. Removing all papers, debris, snow, ice, filth and refuse and thoroughly
sweeping the areas to the extent reasonably necessary to keep these areas
in a neat, clean and orderly condition; and
C. Placing, keeping in repair, and replacing any necessary appropriate
directional signs, stripping markers and lines; and operating, keeping in
repair and replacing, when necessary, artificial lighting facilities as shall
be reasonably required; and
D. Maintaining any perimeter walls in good condition and state of repair; and
E. Maintaining all landscaped areas, making such replacements of shrubs and
other landscaping as is necessary, and keeping these areas at all times
adequately weeded fertilized and watered.
5. BARRIERS
Lots 1 and 2, Block One, Field Plaza Second Addition may erect curbs, fences and
landscaping between their parcels in order to define Lots 1 and 2, Block One, Field Plaza
Second Addition so long as said curbs, fences and landscaping do not detract from the
mutual and common parking and access rights of the other Lots or prevent, hinder or
interfere in any way with the drainage flow or with the free flow and passage of vehicular
and pedestrian traffic and parking over, to, from and between Lots 1 and 2, Block One,
Field Plaza Second Addition.
6. COMPLIANCE WITH LAWS AND REGULATIONS - INDEMNIFICATION
Lots 1 and 2, Block One, Field Plaza Second Addition covenant and agree, with
respect to their own properties, to comply with all laws, rules, regulations and
requirements of all public authorities, and to indemnify, defend and hold each other
harmless against all claims, demands, losses, damages, liabilities and expenses and all
suits, actions and judgments (including, but not limited to, costs and reasonable attorney's
fees) arising out of, or in any way related to, each Lot's failure to maintain their
respective properties in a safe condition. Lots 1 and 2, Block One, Field Plaza Second
Addition shall give prompt and timely notice of any claim made, or suit or action
commenced, against the other party which would in any way result in indemnification
under this Cross Easement Agreement.
7. MAINTENANCE EXPENSES
Lots 1 and 2, Block One, Field Plaza Second Addition further covenant and agree
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to pay the expense of maintaining and repairing the parking, ingress, egress and other
common areas situated on their respective parcels, including the payment of all real estate
taxes and assessments, subject only to the right to defer payment in a manner provided by
law and/or in connection with a bonafide contest of such taxes or assessments, so long as
the rights of the other party shall not be jeopardized by the deferring of payment.
Lots 1 and 2, Block One, Field Plaza Second Addition further covenant and agree
to mutually pay each one half of the expense of maintaining and repairing the common
sanitary laterals, water mains, water hydrants and storm sewer laterals. The parties agree
that if upon maintaining or repairing the lines or equipment, it is found one of the party
was responsible for the damage or clogging of the line or equipment because of the type
of its discharge into the line, or any other reason, the parry responsible for the damage or
clogging shall then pay 100% of the costs for such repair or maintenance.
Lots 1 and 2, Block One, Field Plaza Second Addition covenant and agree to each
pay one-half of the cost to repair the water retainage pond located on Lot 1. However Lot
1 shall be responsible to pay all the costs of regular maintenance of the pond i.e., mowing
grass, and picking up garbage.
8. DEFAULT
If there is a failure by the parties to perform, fulfill or observe any agreement
contained within this Cross Easement Agreement, to be performed, fulfilled or observed
by it, continuing for thirty (30) days, or in situations involving potential danger to the
health or safety of persons in, on or about or substantial deterioration of Lots 1 or 2,
Block One, Field Plaza Second Addition or any portion or any part thereof, in each case
after written notice, the other party may, at its election, cure such failure or breach on
behalf of the defaulting parry. Any amount which the party so electing shall expend for
such purpose, or which shall otherwise be due by either party to the other, shall be paid to
the party to whom due, on demand, without contest, upon delivery of its invoice, together
with interest at the lower of (1) the rate of twelve percent (12%) per annum, or (2) the
maximum rate permissible from time to time under applicable law, from the date of the
expenditure or the date when it shall have become due to the date of payment in full.
The provisions of this paragraph shall be in all respects subject and subordinate to the lien
of any mortgages or deeds of trust at any time or from time to time on the land of the
defaulting parry and the rights of the holder or holders of any mortgages or deeds of trust.
9. COVENANTS RUNNING WITH LAND
The rights contained within this Cross Easement and Purchase Agreement shall
run with the land and inure to, and be for the benefit of, Blaine, Lots 1 and 2, Block One,
Field Plaza Second Addition their successors and assigns, and the tenants, sub -tenants,
licensees, concessionaires, mortgagees in possession, customers and business invitees of
such parties.
10. CONSTRUCTION
The rule of strict construction does not apply to this grant. This grant shall be
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given a reasonable construction so that the intention of the parties to convey a
commercially usable right of enjoyment to the parties is carried out.
11. COVENANTS OF TITLE AND QUIET ENJOYMENT
Blaine warrants that it has good and indefeasible fee simple title to the easement
premises; that it has the full right and lawful authority to grant these easements and that
the Lots shall and may peaceably have, hold, and enjoy the easements.
12. NOTICE
Blaine's address is Blaine Rentals, LLC, 2511 County Road 74, St. Cloud,
Minnesota 56301.
Any party may provide written notice of a change of address. All notices shall be sent by
certified mail, return receipt requested, to the addresses provided for in this paragraph
and shall be deemed given when placed in the mail.
To indicate their consent to this Cross Easement Agreement, Blaine, or its' authorized
representatives or officers, have signed this document on the date first above written.
BLAINE RENTALS, LLC:
By
Its: Chief Manager
STATE OF MINNESOTA
COUNTY OF Stearns
On this day of , 2006, before me a Notary Public within and for said
County, personally appeared Thomas O'Brien to me known, who being by me duly sworn, did
say that he/she is the Chief Manager of BLAINE RENTALS, LLC., the limited liability company
named in the foregoing Cross Easement and Purchase Agreement instrument, and that said
instrument was signed on behalf of said company by authority of its Board of Governors and
said Thomas O'Brien acknowledged said instrument to be the free act and deed of said
company.
This instrument drafted by;
Thomas O'Brien, Chief Manager
Box 284, St Cloud MN 56302
Notary Public
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EXHIBIT "A"
LEGAL DESCRIPTIONS:
EASEMENT A (SANITARY SEWER):
A 10.00 foot easement for utility purposes over, under and across the following described
property:
That part of Lots 1 and 2, Block One, FIELD PLAZA SECOND ADDITION, according to the
recorded plot and survey on record in the Office of the County Recorder, Wright County,
Minnesota. The center line of said easement is described as follows: Commencing at the most
southeasterly corner of said Lot 2; thence North 61 degrees 34 minutes 57 seconds West,
recorded bearing, along the South Line of said Lot 2, a distance of 124.49 feet, to the point of
beginning of a line hereinafter described as "Line A"; thence North 28 degrees 25 minutes 03
seconds East, along said "Line A", a distance of 15.44 feet to the beginning of the center line to
be described; thence North 61 degrees 01 minutes 44 seconds West, a distance of 241.46 feet;
thence North 38 degrees 21 minutes 26 seconds West, a distance of 24.45 feet, to a line
hereinafter described as "Line B", and said center line there terminating.
The side lines of said easement are to be prolonged or shortened to terminate at said "Line A"
and said "Line B".
"Line A" is described as commencing at the most southeasterly corner of Lot 2, Block One,
FIELD PLAZA SECOND ADDITION, according to the recorded plot and survey on record in
the Office of the County Recorder, Wright County, Minnesota; thence North 61 degrees 34
minutes 57 seconds West, recorded bearing, along the South Line of said Lot 2, a distance of
124.49 feet, to the beginning of said "Line A"; thence North 28 degrees 25 minutes 03 seconds
East, a distance of 20.44 feet, and said Line A" there terminating.
"Line B" is described as commencing at the most southeasterly corner of Lot 2, Block One,
FIELD PLAZA SECOND ADDITION, according to the recorded plot and survey on record in
the Office of the County Recorder, Wright County, Minnesota: thence North 61 degrees 34
minutes 57 seconds West, recorded bearing, along the South Line of said Lot Two, a distance of
388.40 feet, to the beginning of said "Line B"; thence North 28 degrees 25 minutes 03 seconds
East, a distance of 32.86 feet, and said "Line B" there terminating.
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EXHIBIT "B"
LEGAL DESCRIPTIONS:
EASEMENT B (STORM SEWER):
A 10.00 foot easement for utility purposes over, under and across the following described
property:
That part of Lot 1, Block One, FIELD PLAZA SECOND ADDITION, according to the recorded
plot and survey on record in the Office of the County Recorder, Wright County, Minnesota. The
center line of said easement is described as follows: Commencing at the most southeasterly
corner of Lot 2 Block One, FIELD PLAZA SECOND ADDITION, according to the recorded
plot and survey on record in the Office of the County Recorder, Wright County, Minnesota;
thence North 61 degrees 34 minutes 57 seconds West, recorded bearing, along the South Line of
said Lot 2, a distance of 456.87 feet; thence North 28 degrees 25 minutes 03 seconds East, a
distance of 10.00 feet to the beginning of the center line to be described; thence North 43 degrees
49 minutes 17 seconds West, a distance of 109.80 feet; thence North 69 degrees 06 minutes 01
seconds West, a distance of 8.05 feet, to a line hereinafter described as "Line C", and said center
line there terminating.
The side lines of said easement are to be prolonged or shortened to terminate at said "Line C"
and at a line which lies 10.00 feet northeasterly of, as measured at a right angle to, parallel with
and contiguous to, the South Line of said Lot 1.
"Line C" is described as commencing at the most southeasterly corner of Lot 2, Block One,
FIELD PLAZA SECOND ADDITION, according to the recorded plot and survey on record in
the Office of the County Recorder, Wright County, Minnesota; thence North 61 degrees 34
minutes 57 seconds West, recorded bearing, along the South Line of said Lot 2, a distance of
559.81 feet, to the beginning of said "Line C'; thence North 15 degrees 39 minutes .37 seconds
East, a distance of 48.54 feet, and said "Line C there terminating.
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